EPA v. US STEEL-CHEMICALS CORP.

Case summary

THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION: 1. CLEAN AIR SECTION 112(C)(1), 42 U.S.C. SECTION 7412 (C)(1) NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS. 2. 40 CFR PART 61, SUBPARTS J AND V, NATIONAL EMISSION STANDARD FOR BENZENE. 3. SECTION 61.05(C) - PROHIBITS OPERATION OF AN EXISTING SOURCE IF NOT IN COMPLIANCE WITH A NEW NESHAP WITHIN NINETY (90) DAYS AFTER THE EFFECTIVE DATE. 4. SECTION 61.10 SOURCE REPORTING AND WAIVER REQUEST REQUIREMENTS. 5. SECTION 61.112(A) EMISSION STANDARDS FOR EQUIPMENT LEAKS (FUGITIVE EMISSION SOURCES) OF BENZENE. 6. SECTION 61.242-1 REQUIREMENT THAT ALL EQUIPMENT IN BENZENE SERVICE BE CLEARLY MARKED. 7. SECTION 61.246 RECORDKEEPING REQUIREMENTS FOR EQUIPMENT IN BENZENE SERVICES. 8. REPORTING REQUIREMENTS FOR EQUIPMENT IN BENZENE SERVICE. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: 1. OPERATION OF A BENZENE SOURCE THAT HAS NOT MET THE NESHAP FOR BENZENE WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THE STANDARD (40 CFR SECTION 61.05). 2. FAILURE TO SUBMIT INITIAL REPORT ON THE COMPANY'S EQUIPMENT IN BENZENE SERVICE (40 CFR SECTION 61.10). 3. FAILURE TO COMPLY WITH THE NATIONAL EMISSION STANDARD FOR EQUIPMENT LEAKS (40 CFR SECTION 61.112(A). 4. FAILURE TO MARK EQUIPMENT IN BENZENE SERVICE (40 CFR SECTION 61.242-1). 5. FAILURE TO MAINTAIN AND DEVELOP RECORDS ON THE COMPANY EQUIPMENT IN BENZENE SERVICE (40 CFR SECTION 61.246). 6. FAILURE TO SUBMIT INITIAL AND SEMI-ANNUAL REPORTS ON THE COMPANY'S EQUIPMENT IN BENZENE SERVICE (40 CFR SECTION 61.247). THE PROPOSED RELIEF TO BE SOUGHT: 1. A MINIMUM PENALTY OF $197,000. 2. INJUNCTIVE RELIEF REQUIRING RECORDKEEPING, REPORTING, AND COMPLIANCE WITH THE LEAK IDENTIFICATION AND ELIMINATION REQUIREMENTS. RECENT CONTACTS WITH THE DEFENDANT: 1. MARCH 13, 1985 - EPA INSPECTION OF THE FACILITY. 2. APRIL 10, 1985 - EPA ISSUES SECTION 114 REQUEST. 3. MAY 17, 1985 - USS CHEMICALS RESPONSE TO THE SECTION 114 REQUEST. 4. AUGUST 14, 1985 - TELEPHONE CONVERSATION BETWEEN RAYMOND ALLEN OF EPA AND W. H. WILLIAMS OF USS CHEM- ICALS OFFERING OPPORTUNITY TO DISCUSS INFORMATION SUBMITTED BY THE FACILITY. 5. AUGUST 19, 1985 - USS CHEMICALS PROVIDES EPA WITH AN UPDATE TO THE APRIL 10, 1985 SECTION 114 REQUEST. SIGNIFICANT NATIONAL OR PRECEDENTIAL OR FACTUAL ISSUES: THIS IS THE FIRST REFERRAL FOR ACTION UNDER THE NESHAP FOR BENZENE. IT IS THE AGENCY'S HOPE THAT THIS CASE WILL SEND A STRONG SIGNAL TO THE SEVENTY (70) KNOWN FACILITIES IN REGION 6 THAT WILL FALL UNDER THIS NESHAP (AND ALL OTHER STATIONARY SOURCES THAT MAY BE SUBJECT TO FUTURE NESHAPS) THAT REGION 6 REQUIRES QUICK AND EFFECTIVE COMPLIANCE WITH NEWLY PROMULGATED NESHAPS. OF THE APPROXIMATELY 130 FACILITIES SUBJECT TO THE NEW NES HAP FOR BENZENE, SEVENTY (70) ARE LOCATED IN REGION 6. IN ORDER TO MAKE THESE FACILITIES REALIZE THAT SWIFT COM- PLIANCE WITH A NEW NESHAP IS EXPECTED, WE REQUEST THAT THIS CASE BE PURSUED VIGOROUSLY. 03/25/86: COMPLAINT FILED

Defendants (1)

• UNITED STATES STEEL CHEMICALS CORP.Named in complaintNamed in settlement

Facilities (1)

• UNITED STATES STEEL CHEMICALS

  29;42;4 95;15'2, HOUSTON, TX, 77017

  Registry ID: 110010743605

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• US STEEL-CHEMICALS CORP.entered 1987-09-28

  Primary law: CAA

  Federal penalty: $67,000

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-10-25Referred To Dept Of Justice
• 1986-02-28Referred TO U.S. Attorney
• 1986-03-25Complaint Filed With Court
• 1987-09-28Final Order Lodged
• 1987-09-28Final Order Entered
• 1987-09-28Concluded
• 1988-02-08Enforcement Action Closed